Richard Mark Hansen - Page 10

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          assessed on the outstanding tax liability for each of the years.            
               Petitioner contends that he does not owe taxes for 1997                
          because his tax attorney improperly changed his method of                   
          accounting from accrual to cash.  Petitioner contends that if he            
          had remained on the accrual basis, he would not have a tax                  
          liability for 1997.                                                         
               Petitioner filed his 1997 Form 1040 and his Form 1040X using           
          the cash method.  Petitioner did not challenge his tax liability            
          for 1997 in his OIC.  At trial, petitioner contended that the               
          change in his method of accounting from an accrual to a cash                
          basis caused an overstatement of his income for 1997.  Petitioner           
          claims he received a large settlement in a lawsuit that year that           
          related to “monies owed for the prior five years.”  Petitioner              
          contends that if he had remained on the accrual basis, he would             
          not have included the entire settlement in income in 1997.                  
          Petitioner provided no evidence to corroborate his testimony.               
          Assuming the facts to be as stated by petitioner, however, the              
          year of inclusion would not change.  See sec. 1.451-1(a), Income            
          Tax Regs. (“Under an accrual method of accounting, income is                
          includible in gross income when all the events have occurred                
          which fix the right to receive such income and the amount thereof           
          can be determined with reasonable accuracy.”); see also Lark                
          Sales Co. v. Commissioner, 437 F.2d 1067, 1073 (7th Cir. 1970);             







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